(1)
The Insurer shall waive an inspection of a Private Passenger Motor Vehicle
under the following circumstances:
(a) the
Private Passenger Motor Vehicle is a new, unused motor vehicle from a
franchised automobile dealership where the Insurer is provided with either: a
copy of the bill of sale which contains a full description of the motor vehicle
including all options and accessories; or a copy of the RMV Form 1 provided by
the Registry of Motor Vehicles (RMV), which establishes the transfer of
ownership from the dealer to the customer and a copy of the window sticker or
the dealer invoice showing the itemized options and equipment in addition to
the total retail price of the motor vehicle. The Physical Damage Coverage on
such new, unused Private Passenger Motor Vehicle shall not be suspended during
the term of the Motor Vehicle Liability Policy due to the Applicant's failure
to provide the required documents. Payment of a Physical Damage Coverage claim,
however, shall be conditioned upon the receipt by the Insurer of such documents
and no Physical Damage Coverage loss occurring after the effective date of the
coverage shall be payable until the documents are provided to the Insurer. If
the documents are not submitted by the Applicant at least 60 days prior to the
Applicant's policy renewal date, the Insurer, upon renewal of the Physical
Damage Coverage, shall require an inspection as set forth in
211 CMR 94.00;
(b) the Applicant for Physical Damage
Coverage is an Existing Customer;
(c) the Private Passenger Motor Vehicle
already is insured for such Physical Damage Coverage with the Insurer by the
Applicant;
(d) the Insurer waives
the inspection pursuant to
211 CMR
94.06;
(e) the Private Passenger Motor Vehicle is a
Temporary Substitute Motor Vehicle;
(f) the Private Passenger Motor Vehicle is
leased for less than six months, provided the Insurer receives a copy of the
lease or rental agreement containing a description of the leased motor vehicle
including its condition. Payment of a Physical Damage Coverage claim shall be
conditioned upon receipt of a copy of the lease or rental agreement;
(g) the inspection would cause a serious
hardship to the Insurer or the Applicant; or
(h) the Insurer has no Authorized
Representative or Inspection Service either in the city or town in which the
Private Passenger Motor Vehicle is principally garaged, or within five miles of
said city or town.
(2)
An Insurer may require an inspection of a Private Passenger Motor Vehicle
otherwise exempt from such inspection pursuant to 211 CMR 94.05(1) provided
that the decision to inspect is based on underwriting criteria uniformly
applied, and such decision is reasonable and supported by objective facts. The
decision to require such an inspection shall not be based on the age, race,
sex, marital status, creed, national origin, religion, occupation, income,
education, credit information or home ownership of the Applicant or the
customary operators of the motor vehicle, the principal place where the motor
vehicle is garaged, or the fact that the Motor Vehicle Liability Policy has
been issued through the residual market.
An Insurer shall indicate the reasons for requiring an
inspection, pursuant to 211 CMR 94.05(2), in the Applicant's policy
record.
